Authority: IC 14-10-2-4; IC 14-10-2-5; IC 14-39-0.5

Affected: IC 14-39; IC 25-34.1

Sec. 2. (a) Not later than fourteen (14) days after the department notifies the petitioner under section 3 of this rule that a petition for an involuntary integration order is deemed complete, the petitioner shall provide notice of the petition by first class mail to inform each pore space owner included in the proposed storage facility of the petition for an involuntary integration order.

(b) A notice under subsection (a) must include the following:

(1) Information regarding the:

(A) petitioner; and

(B) scope and nature of the carbon sequestration project, including:

(i) the proposed location of the proposed storage facility;

(ii) the depth and name of the injection formation; and

(iii) any similar information required by the department.

(2) The contact information for the petitioner.

(3) Information advising an affected pore space owner that they are entitled to submit comments and present relevant evidence to determine the fair market value of the pore space included in the petition. Relevant evidence may include an estimate of the pore space value by an appraiser licensed under IC 25-34.1.

(c) The petitioner shall provide proof that the notices required under this section were delivered before the department may establish the required deadline under subsection (d)(1) and evaluate the evidence submitted under subsection (d)(2).

(d) The department shall:

(1) establish a deadline for a nonconsenting pore space owner to submit the information under subsection (b)(3), and the deadline must be not later than sixty (60) days after receiving proof that the notices required under subsection (a) were delivered; and

(2) evaluate the relevant evidence timely submitted by a nonconsenting pore space owner not later than thirty (30) days after the submission deadline under subdivision (1).

(e) At any time before the expiration of the deadline set by the department under subsection (d)(1), a pore space owner subject to the deadline may request one (1) extension of not more than sixty (60) days to present relevant evidence regarding the fair market value of the pore space to the department. The department shall grant a timely request made under this subsection.

(f) The department shall not consider the information submitted by a nonconsenting pore space owner if the nonconsenting pore space owner does not submit the required information by the deadline under subsection (d)(1), or an extension under subsection (e).

(Natural Resources Commission; 312 IAC 30-5.5-2; filed May 11, 2026, 9:58 a.m.: 20260610-IR-312250702FRA)